1996 (10) TMI 238 - AT - Central Excise

Summary

Issues:
1. Denial of Modvat credit based on unauthorized duty paid certificates.

Analysis:
The judgment involves 12 appeals filed by the Revenue against the common impugned orders passed by the Commissioner (Appeals). The issue at hand pertains to the denial of Modvat credit by the Department, alleging that parties wrongly claimed credit based on duty paid certificates from M/s. Indian Oil Corporation Ltd., which were not authorized. The Department argued that Rule 57G specifies the proper documents for claiming credit, and invoice-cum-challans were not among them. The Commissioner (Appeals) allowed the credit, citing that such documents were accepted as valid duty paying documents by the Central Excise authorities. The Collector (Appeals) also supported this view in an earlier order, emphasizing that technicalities should not obstruct the legitimate right of parties to claim Modvat credit if certain conditions are met, such as receipt of inputs in the factory, payment of duty, use in manufacturing, and absence of fraud suspicion.

The Commissioner (Appeals) further noted that in cases of suspicion, verification could be done by the Assistant Commissioner with the originating Central Excise authorities before disallowing credit outright. The Tribunal had previously rejected similar appeals by the Revenue, upholding the impugned orders. Following the precedent set by these decisions and considering judicial discipline, the judge accepted the respondents' plea, resulting in the rejection of all appeals filed by the Revenue. The judgment underscores the importance of fulfilling the necessary conditions for claiming Modvat credit and the need to balance procedural requirements with the substantive rights of appellants.